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South Carolina Dep' of Probation

2/24/2005

object to the trial judge's sentence, including the provision that restitution be paid directly to the victim's attorney, and the solicitor in fact agreed that the restitution be paid in this manner. It is clear, however, the Department raised the issue at the first opportunity it had, filing the motion for reconsideration before the trial court within seven days of the court's sentencing order. Because the Department raised the issue when it first learned of the improper condition of probation, we find the issue is preserved for our review. See First Union Nat'l Bank of S.C. v. Soden, 333 S.C. 554, 568, 511 S.E.2d 372, 379 (Ct. App. 1998) (noting where an appellant learns for the first time when the appellant receives the order that the respondent would be granted certain relief, the appellant must move to alter or amend the judgment to preserve the issue).


For the foregoing reasons, the sentencing order is REVERSED.


GOOLSBY, HUFF and STILWELL, JJ., concur.






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